Cohabitation

Although you may have heard of ‘common law’ husband or wife, there is no such concept in law in England and Wales. Living together does not give you any legal rights that you did not already have. While there is no legal process required to end the relationship, like a divorce, it can be more challenging to make financial arrangements.

In this short video Family Lawyer, Matthew Taylor at Stowe, explains what rights cohabiting couples have, the myth of common-law marriage, rights over a property / family home, child maintenance, how a cohabiting couple can protect themselves, what a cohabitation agreement is, and how a family lawyer can help.

Property rights

The starting point when separating is usually who owns the property.  You should check the house deeds and any trust documents to find out who the legal owner is. If the property is jointly owned or there is a trust document which sets out the shares in which you own the property, that may well be conclusive.

However, if the title to the property is registered in the sole name of your ex-partner, unlike with married couples, where the court is required to consider an outcome which is fair, there is no such principle with unmarried couples. The general principle is that a property belongs to that person.

There are some circumstances in which you may be able to argue that there was a common intention to share ownership, inferred by conduct during the time you lived together. However, it can be difficult to establish this, and in the absence of agreement, the court may need to decide whether you have a financial stake in the property.  If you believed that the property was jointly owned and you have acted to your detriment and relied upon this, you may also be able to argue that you should be entitled to a share in the property.

Do you or your partner own any properties?